United States v. Johnson, No. 16-15690 (11th Cir. 2019)
Annotate this CaseAfter rehearing en banc, the Eleventh Circuit affirmed the denial of defendant's motion to suppress evidence and held that a police officer did not violate the Fourth Amendment when he removed a round of live ammunition and a holster from the pocket of a suspect during a protective frisk. The court held that the officer's frisk was reasonably related in scope to the circumstances which justified the frisk in the first place. In this case, the officer encountered an unsecure scene, late at night, in a high-crime area, while investigating a reported burglary, and his removal of the ammunition and holster was reasonably related to the protection of the officers and others.
This opinion or order relates to an opinion or order originally issued on March 22, 2018.
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